35138 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

PART 1926—SAFETY AND HEALTH

REGULATIONS FOR CONSTRUCTION

Subpart Z—Toxic and Hazardous

Substances

3. The authority citation for Subpart

Z of 29 CFR 1926 is revised to read as

follows:

Authority: Sec. 107, Contract Work Hours

and Safety Standards Act (40 U.S.C. 333);

Secs. 4, 6, 8, Occupational Safety and Health

Act of 1970 (29 U.S.C. 653, 655, 657);

Secretary of Labor’s Order Nos. 12–71 (36 FR

8754), 8–76 (41 FR 25059), 9–83 (48 FR

35736), 1–90 (55 FR 9033), or 6–96 (62 FR

111), as applicable; 29 CFR part 1911.

Section 1926.1102 not issued under

29 U.S.C. 655 or 29 CFR part 1911; also

issued under 5 U.S.C. 553.

4. In § 1926.1101, add paragraph (a)(8)

and revise paragraph (g)(11)

introductory text to read as follows:

§ 1926.1101 Asbestos.

(a) Scope and application. * * *

* * * * *

(8) This section does not apply to

asbestos-containing asphalt roof

coatings, cements and mastics.

* * * * *

(g) Methods of compliance * * *

* * * * *

(11) Alternative methods of

compliance for installation, removal,

repair, and maintenance of certain

roofing and pipeline coating materials.

Notwithstanding any other provision of

this section, an employer who complies

with all provisions of this paragraph

(g)(11) when installing, removing,

repairing, or maintaining intact pipeline

asphaltic wrap, or roof flashings which

contain asbestos fibers encapsulated or

coated by bituminous or resinous

compounds shall be deemed to be in

compliance with this section. If an

employer does not comply with all

provisions of this paragraph (g)(11) or if

during the course of the job the material

does not remain intact, the provisions of

paragraph (g)(8) of this section apply

instead of this paragraph (g)(11).

* * * * *

[FR Doc. 98–17091 Filed 6–26–98; 8:45 am]

BILLING CODE 4510–26–U

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Parts 404, 405, 406, and 407

46 CFR Parts 401, 402, 403, and 404

[USCG–1998–3976]

Great Lakes Pilotage; Reorganization

of Regulations

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Saint Lawrence Seaway

Development Corporation’s (SLSDC)

responsibility for administering the

Secretary’s functions under the Great

Lakes Pilotage Act, as amended, (GLPA)

was transferred from the SLSDC to the

U.S. Coast Guard on March 5, 1998.

This rule relocates the Great Lakes

Pilotage regulations from their current

place in Title 33, Code of Federal

Regulations, to their original place in

Title 46, Code of Federal Regulations.

Relocation of these regulations is

necessary to position Great Lakes

Pilotage rules with other U.S. Coast

Guard regulations, and not with other

SLSDC regulations. This rule also makes

conforming amendments to the

regulations to reflect U.S. Coast Guard

responsibilities under the GPLA.

DATES: This final rule is effective June

30, 1998.

ADDRESSES: Documents as indicated in

this preamble are available for

inspection or copying at the Docket

Management Facility, (USCG–1998–

3976), U.S. Department of

Transportation, room PL–401, 400

Seventh Street SW., Washington DC

20590–00001.

FOR FURTHER INFORMATION CONTACT:

For questions on this rule, contact LTJG

Mark A. Cunningham, U.S. Coast Guard,

telephone 202–267–1534. For questions

on viewing material in the docket,

contact Dorothy Walker, Chief,

Documents, Department of

Transportation, telephone 202–366–

9329.

SUPPLEMENTARY INFORMATION:

Regulatory History

This rulemaking relates to

departmental management,

organization, procedure, and practice.

Under 5 U.S.C. 553(b)A, notice and

public comment are unnecessary with

respect to rules of this nature. Therefore,

a notice of proposed rulemaking was not

published prior to this rulemaking. For

the same reason, good cause exists for

making this rule effective less than 30

days after its publication date as is

ordinarily required by 5 U.S.C. 553(d).

Background and Purpose

In 1994, the Secretary of

Transportation (the Secretary) formed a

study group to determine where to best

locate the authority to execute the

functions vested in him by the GPLA.

Among other powers and duties, the

GPLA authorizes the Secretary to

examine pilots, register them, and set

rates for their services. Because the

study group recommended transferring

these functions from the U.S. Coast

Guard to the SLSDC, the Secretary

withdrew the Coast Guard’s authority in

these matters and redelegated it to the

SLSDC (December 11, 1995; 60 FR

63444). On November 12, 1997, the U.S.

Court of Appeals for the District of

Columbia Circuit, in Halverson v.

Slater, 129 F.3d 180 (D.C. Cir, 1997),

reversed a district court decision and

held that the Secretary lacks the

authority, under 49 U.S.C. 322(b), to

delegate Great Lakes Pilotage Act

powers and duties to the SLSDC. The

court vacated the December 11, 1995

rule and determined that, under 46

U.S.C. 2104(a), the Secretary may

delegate these functions only to the U.S

Coast Guard. On March 5, 1998, the

Secretary responded to the court’s

ruling by redelegating the authority to

carry out functions under the GLPA to

the U.S. Coast Guard (63 FR 10781–2).

This rulemaking relocates the Great

Lakes Pilotage regulations from their

current place in Title 33 to their original

place in Title 46. Reorganization of the

CFR is necessary to position Great Lakes

Pilotage rules with other U.S. Coast

Guard regulations, and not with other

SLSDC regulations. This rule

redesignates parts 404, 405, 406, and

407 of 33 CFR Chapter IV, as parts 401,

402, 403, and 404, respectively, of 46

CFR Chapter III.

This rule also makes conforming

editorial changes to the redesignated

sections that reflect the redelegation of

Seaway responsibilities to the U.S.

Coast Guard. For example, the word

‘‘Administrator’’ is changed to the word

‘‘Commandant’’ and the words ‘‘Saint

Lawrence Seaway Development

Corporation’’ are changed to the words

‘‘U.S. Coast Guard.

This rule also revises the authority

citations of each redesignated part to

reflect the renewed delegation of

responsibilities from the Secretary to the

U.S. Coast Guard.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.
Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations 35139

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations of less than 50,000.

This rulemaking is an intradepartmental administrative that does

nothing more than relocate certain

sections of the U.S. Code of Federal

Regulations. Therefore, the Coast Guard

certifies under section 605(b) of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) that this final rule will not have

a significant economic impact on a

substantial number of small entities.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposed rule under the principles and

criteria contained in Executive Order

12612 and has determined that this

proposed rule does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposed

rule and concluded that under figure 2–

1, paragraph (34)(b), of Commandant

Instruction M16475.1C, this proposed

rule is categorically excluded from

further environmental documentation.

A ‘‘Categorical Exclusion

Determination’’ is available in the

docket for inspection or copying where

indicated under ADDRESSES.

List of Subjects

33 CFR Part 404

Administrative practice and

procedure, Coast Guard, Great Lakes,

Navigation (water), Penalties, Reporting

and recordkeeping requirements,

Seamen, Waterways.

33 CFR Part 405

Administrative practice and

procedure, Coast Guard, Great Lakes,

Navigation (water), Penalties, Reporting

and recordkeeping requirements,

Seamen, Waterways.

33 CFR Part 406

Accounting, Administrative practice

and procedure, Coast Guard, Great

Lakes, Navigation (water), Penalties,

Reporting and recordkeeping

requirements, Seamen, Waterways.

46 CFR Part 407

Administrative practice and

procedure, Coast Guard, Great Lakes,

Navigation (water), Penalties, Reporting

and recordkeeping requirements,

Seamen, Waterways.

46 CFR Part 401

Administrative practice and

procedure, Coast Guard, Great Lakes,

Navigation (water), Penalties, Reporting

and recordkeeping requirements,

Seamen, Waterways.

46 CFR Part 402

Administrative practice and

procedure, Coast Guard, Great Lakes,

Navigation (water), Penalties, Reporting

and recordkeeping requirements,

Seamen, Waterways.

46 CFR Part 403

Accounting, Administrative practice

and procedure, Coast Guard, Great

Lakes, Navigation (water), Penalties,

Reporting and recordkeeping

requirements, Seamen, Waterways.

46 CFR Part 404

Administrative practice and

procedure, Coast Guard, Great Lakes,

Navigation (water), Penalties, Reporting

and recordkeeping requirements,

Seamen, Waterways.

For the reasons discussed in the

preamble, and under the authority of 46

U.S.C. 2104(a) and 49 CFR 1.46 (mmm),

the Coast Guard amends 33 CFR Chapter

IV, and 46 CFR Chapter III as follows:

33 CFR CHAPTER IV

PARTS 404, 405, 406, AND 407

[REDESIGNATED AS 46 CFR CH. III

(PARTS 401, 402, 403 AND 404)]

1. In 33 CFR Chapter IV, redesignate

parts 404, 405, 406, and 407 as 46 CFR

Chapter III, parts 401, 402, 403, and 404

respectively.

46 CFR CHAPTER III

2. Add a heading for 46 CFR Chapter

III to read as follows:

CHAPTER III—COAST GUARD (GREAT

LAKES PILOTAGE), DEPARTMENT OF

TRANSPORTATION

PART 401—[AMENDED]

3. The authority citation for

redesignated part 401, Title 46, Code of

Federal Regulations is revised to read as

follows:

Authority: 46 U.S.C. 2104(a), 6101, 7701,

8105, 9303, 9304; 49 CFR 1.45, 1.46 (mmm),

46 CFR 401.105 also issued under the

authority of 44 U.S.C. 3507.

4. Revise the redesignated §§ 401.110

(a)(2) and (a)(9) to read as follows:

§ 401.110 Definitions.

* * * * *

(a) * * *

(2) Commandant means

Commandant, U.S. Coast Guard,

Washington, DC 20593–0001.

* * * * *

(9) Director means Director, Great

Lakes Pilotage. Communications with

the Director may be sent to the

following address: Director, Great Lakes

Pilotage (G–MO), 2100 Second Street,

SW, Washington, DC 20593–0001.

* * * * *

§ 401.230 [Amended]

5. In the second sentence of

§ 401.230(b) remove the words ‘‘Director

or other official of the Saint Lawrence

Seaway Development Corporation.’’ and

add, in its place, the word ‘‘Director.’’

6. Revise redesignated § 401.250(d) to

read as follows:

§ 401.250 Suspension and revocation of

certificates of registration.

* * * * *

(d) Every U.S. Registered Pilot shall,

whenever his or her license is revoked

or suspended under the provisions of

Part 5 of this title, deliver his Certificate

of Registration simultaneously with his

or her license to the U.S. Coast Guard.

If the license is suspended, the

Certificate of Registration will be held

with the suspended license and

returned to the holder upon expiration

of the suspension period.

§ 401.431 [Amended]

6. In redesignated § 401.431(e) remove

the words ‘‘Saint Lawrence Seaway

Development Corporation’’ and add, in

its place, the word ‘‘Administration.’’

§ 401.510 [Amended]

7. In both sentences of redesignated

§ 401.510(b)(5) remove the words ‘‘or

the Director.’’

PART 402—[AMENDED]

8. The authority citation for

redesignated part 402, Title 46, Code of

Federal Regulations is revised to read as

follows:

Authority: 46 U.S.C. 2104(a), 8105, 9303,

9304; 49 CFR 1.46 (mmm).

PART 403—[AMENDED]

9. The authority citation for

redesignated part 403, Title 46, Code of

Federal Regulations is revised to read as

follows:

Authority: 46 U.S.C. 2104(a), 8105, 9303,

9304; 49 CFR 1.46 (mmm).
35140 Federal Register / Vol. 63, No. 124 / Monday, June 29, 1998 /Rules and Regulations

PART 404—[AMENDED]

10. The authority citation for

redesignated part 404, Title 46, Code of

Federal Regulations is revised to read as

follows:

Authority: 46 U.S.C. 2104(a), 8105, 9303,

9304; 49 CFR 1.46 (mmm).

11. In addition to the above

amendments to Chapter III of Title 46,

remove the word ‘‘Director’’ and add, in

its place, the word ‘‘Commandant’’ in

the following sections:

a. Section 401.210(a)(4);

b. Section 401.210(a)(7);

c. Section 401.220(b);

d. Section 401.240(d);

e. Section 401.320(d)(2);

f. Section 401.320(d)(3);

g. Section 401.510(b)(3), introductory

text

h. Section 401.710(g); and

i. Section 401.100.

12. In addition to the above

amendments to Chapter III of Title 46,

remove the words ‘‘Saint Lawrence

Seaway Development Corporation’’ and

add, in their place, the words ‘‘U.S.

Coast Guard’’ in the following sections:

a. Section 401.211(e);

b. Section 401.230(c);

c. Section 401.230(d);

d. Section 401.240(a);

e. Section 401.250(c);

f. Section 401.320(d)(4);

g. Section 401.425;

h. Section 401.510(b)(2);

i. Section 401.510(b)(3);

j. Section 401.600(a);

k. Section 401.615(b); and

l. Section 401.620(a).

13. In addition to the above

amendments to Chapter III of Title 46,

remove the word ‘‘Administrator’’ and

add, in its place, the word

‘‘Commandant’’ in the following

sections:

a. Section 401.615(b); and

b. Section 401.650.

14. In addition to the above

amendments to Chapter III of Title 46,

remove all references to ‘‘404’’ and add,

in their place, ‘‘401’’ in the following

sections:

a. 401.210(a)(8);

b. 401.210(b);

c. 401.211(a)(1), (b) and (3);

d. 401.230(e);

e. 401.240(b);

f. 401.320(b);

g. 401.330(a);

h. 401.335(a)(1);

i. 401.340(a) and (c);

j. 401.400(c);

k. 401.405 introductory text;

l. 401.410 introductory text;

m. 401.420(a);

n. 401.425;

o. 401.438;

p. 401.431(a), (f) and (g);

q. 401.451(a)(1);

r. 401.600(b);

s. 401.620(b);

t. 401.645;

u. 401.700(b);

v. 401.710(e);

w. 401.720(b);

x. 401.100;

y. 401.210(a);

z. 401.320(a) introductory text;

aa. 403.100;

bb. 403.400(c);

cc. 404.1(a);

15. In addition to the above

amendments to Chapter III of Title 46,

remove all references to ‘‘405’’ and add,

in their place, ‘‘402’’ in the following

sections:

a. 401.340(a);

b. 401.710.(d) and (e).

16. In addition to the above

amendments to Chapter III of Title 46,

remove all references to ‘‘406’’ and add,

in their place, ‘‘403’’ in the following

sections:

a. 401.320(d)(3);

b. Part 404, Appendix A. Step 1.A.

17. In addition to the above

amendments to Chapter III of Title 46,

remove all references to ‘‘407’’ and add,

in their place, ‘‘404’’ in the following

sections:

a. 403.120(b);

b. 404.1(b);

c. 404.10(a);

c. 404, Appendix A, Step 1.B;

d. 404, Appendix C, introductory text.

Dated: June 24, 1998.

J.P. High,

Acting Assistant Commandant for Marine

Safety and Environmental Protection.

[FR Doc. 98–17269 Filed 6–26–98; 8:45 am]

BILLING CODE 4910–15–M

POSTAL RATE COMMISSION

39 CFR Part 3001

[Docket No. MC96–1; Order No. 1214]

Amendments to Domestic Mail

Classification Schedule

AGENCY: Postal Rate Commission.

ACTION: Final rule.

SUMMARY: This final rule revises the

Domestic Mail Classification Schedule

(DMCS) by eliminating provisions

related to a barcoded small parcel

experiment. These provisions expired

April 28, 1998. Given the status of the

experiment and the Postal Service’s

intention not to request an extension or

seek a permanent classification,

elimination of these provisions will

ensure that the DMCS accurately reflects

current classifications and discounts.

DATES: This rule was effective April 28,

1998.

FOR FURTHER INFORMATION CONTACT:

Stephen L. Sharfman, General Counsel,

Postal Rate Commission, 1333 H Street

NW, Suite 300, Washington, DC, 20268–

0001, 202–789–6820.

SUPPLEMENTARY INFORMATION: One of the

provisions recommended by the

Commission and approved by the

Governors in Docket No. MC96–1,

Experimental First-Class and Priority

Mail Small Parcel Automation Rate

Category, specified that the experiment

would be limited to a two-year period,

ending April 28, 1998. Shortly before

the expiration date, the Postal Service

published a notice in the Federal

Register stating its intention to allow

the experiment to end on the scheduled

expiration date without filing a request

with the Commission to establish

permanent classifications and

discounts. The notice also briefly

reviewed the basic objectives of the

experiment and the reasons why the

Service decided against pursuing a

permanent classification. See generally

63 FR 19407–19408 (April 20, 1998).

For the reasons stated above, the

Commission hereby adopts the

following amendment to the DMCS,

which is incorporated by reference in

the Code of Federal Regulations (see 39

CFR part 3001, Appendix A to Subpart

C—Postal Service Rates and Charges).

List of Subjects in 39 CFR Part 3001

Administrative practice and

procedure, Postal Service.

For reasons set out in the preamble,

the Commission amends 39 CFR part

3001 as follows:

PART 3001—RULES OF PRACTICE

AND PROCEDURE

1. The authority citation for 39 CFR

part 3001 continues to read as follows:

Authority: 39 U.S.C. 404(b), 3603, 3622–

3624, 3661, 3662.

Subpart C—Rules Applicable to

Requests for Establishing or Changing

the Mail Classification Schedule

Appendix A to Subpart C—[Amended]

2. Appendix A to Subpart C—Postal

Service Rates and Charges is amended

as follows:

a. Remove 221.4.

b. Remove and reserve 223.4.

c. Remove ‘‘Pre-barcoded parcels

(experimental)’’ and footnote 11 in FirstClass Mail Rate Schedule 221, Letters

and Sealed Parcels.